Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

MILITARY SUPERANNUATION AND BENEFITS DECLARATION 1993 NO. 142

STATUTORY RULES 1993 No. 142

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS DECLARATION

The Military Superannuation and Benefits Act 1991 ("the Act") makes provision in Part 8 for the payment of a retention benefit to certain members of the Military Superannuation and Benefits Scheme ("the Scheme") who have completed 15 years of continuous eligible service. The purpose of the benefit is to induce members to serve for another 5 years. An "eligible member" is defined in section 30 of the Act to include: an officer who holds a rank not lower than Major or equivalent (or who was previously an enlisted member), an enlisted member who holds the rank. of Sergeant or equivalent; or a member declared by the Minister to be an eligible member. This last category was included in the Act to enable members to receive the benefit where they would not otherwise qualify (because they are in employment categories where the normal opportunities for promotion do not exist.)

The retention benefit became payable from 1 October 1991 and two instruments, one covering the period from 1 October 1991 to 30 September 1992 and the other covering the period commencing on 1 October 1992, purported to make members in certain employment categories "eligible members" for the purpose of paying the retention benefit. These instruments were defective in a number of ways and, in particular, were not in the form of Statutory Rules as required by section 49 of the Act.

The purpose of this declaration is to rectify the defects of the two earlier instruments by remaking them in accordance with section 49.

This declaration covers the same employment categories as the earlier instruments. The declaration covers the period from 1 October 1991 to 30 September 1992 and the period commencing 1 October 1992. The retrospective operation of the declaration is wholly beneficial to members affected by it.

Clause 1. Citation

This clause is formal.

Clause 2. Interpretation

This clause defines references to the "Act".

Clause 3. Eligible members

This clause has the effect of including, as "eligible members", members of the Scheme included in the employment categories set out in the Schedule to the Determination.

Schedule

The employment categories in Part 1 of the Schedule apply to the period from 1 October 1991 to 30 September 1992 and the categories in Part 2 apply after the latter date. The categories covered by this declaration are the same as those intended to be covered by the defective instruments.